II 

118TH CONGRESS 

2D SESSION S. 5150 

To require the Federal Trade Commission, with the concurrence of the Secretary of Health and Human Services acting through the Surgeon General, to implement a mental health warning label on social media platforms, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 24, 2024 

Mrs. BRITT (for herself and Mr. FETTERMAN) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To require the Federal Trade Commission, with the concurrence of the Secretary of Health and Human Services 

acting through the Surgeon General, to implement a 

mental health warning label on social media platforms, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop the Scroll Act’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 


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1 (1) Social media platform use is associated with 

2 risks to the physical and mental health of users, in3 cluding exposure to bullying, online harassment and 

4 abuse, discrimination, and child sexual exploitation. 

5 (2) Product warning labels can increase aware6 ness of negative impacts and can change behavior. 

7 (3) Extended use of social media, which addict8 ive algorithms encourage, contributes to negative 

9 health impacts caused by social medial platforms. 

10 (4) The Federal Government has a compelling 

11 interest in ensuring that users of a social media 

12 platform can make informed decisions about the 

13 amount of time the user spends on the social media 

14 platform, which requires an understanding of the 

15 mental health risks involved with using a social 

16 media platform. 

17 SEC. 3. DEFINITIONS. 

18 In this Act: 

19 (1) COMMISSION.—The term ‘‘Commission’’ 

20 means the Federal Trade Commission. 

21 (2) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of Health and Human Services. 

23 (3) SOCIAL MEDIA PLATFORM.—The term ‘‘so24 cial media platform’’ has the meaning given such 

25 term in section 124 of the Trafficking Victims PreVerDate Sep 11 2014 22:48 Oct 04, 2024 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5150.IS S5150

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1 vention and Protection Reauthorization Act of 2022 

2 (42 U.S.C. 1862w). 

3 (4) USER.—The term ‘‘user’’ means, with re4 spect to a social media platform, a person who reg5 isters an account with, creates a profile on, or other6 wise accesses the social media platform. 

7 SEC. 4. WARNING LABEL. 

8 (a) IN GENERAL.—A social media platform shall en9 sure that a mental health warning label (referred to in 

10 this section as a ‘‘covered label’’) that complies with the 

11 requirements under this section, including the regulations 

12 promulgated under subsection (d)— 

13 (1) appears each time a user accesses the social 

14 media platform from a server located in the United 

15 States; and 

16 (2) only disappears when the user— 

17 (A) exits the social media platform; or 

18 (B) acknowledges the potential for harm 

19 and chooses to proceed to the social media plat20 form despite the risk. 

21 (b) CONTENT OF COVERED LABEL.—A covered label 

22 shall— 

23 (1) warn the user of potential negative mental 

24 health impacts of accessing the social media plat25 form; and 


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1 (2) provide the user access to resources to ad2 dress the potential negative mental health impacts 

3 described in paragraph (1), including the website 

4 and telephone number of a national suicide preven5 tion and mental health crisis hotline system, such as 

6 the 988 Suicide and Crisis Lifeline. 

7 (c) RESTRICTIONS ON FORM.—A social media plat8 form may not— 

9 (1) include a covered label exclusively in the 

10 terms and conditions of the social media platform; 

11 (2) include extraneous information in a covered 

12 label that obscures the visibility or prominence of 

13 the covered label; or 

14 (3) allow a user to disable a covered label, ex15 cept as provided in subsection (a). 

16 (d) IMPLEMENTATION.—Not later than 180 days 

17 after the date of enactment of this Act, the Commission, 

18 with the concurrence of the Secretary acting through the 

19 Surgeon General, shall promulgate regulations containing 

20 appropriate requirements for a covered label. 

21 (e) REVIEW.—Not later than 3 years after the date 

22 on which the Commission promulgates the regulations re23 quired by subsection (d), and not less frequently than once 

24 every 3 years thereafter, the Commission, with the concur25 rence of the Secretary acting through the Surgeon GenVerDate Sep 11 2014 22:48 Oct 04, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5150.IS S5150

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1 eral, shall review and revise such regulations as appro2 priate. 

3 SEC. 5. ENFORCEMENT. 

4 (a) ENFORCEMENT BY THE COMMISSION.— 

5 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC6 TICES.—A violation of this Act or a regulation pro7 mulgated under this Act by a social media platform 

8 shall be treated as a violation of a rule defining an 

9 unfair or deceptive act or practice prescribed under 

10 section 18(a)(1)(B) of the Federal Trade Commis11 sion Act (15 U.S.C. 57a(a)(1)(B)). 

12 (2) POWERS OF THE COMMISSION.— 

13 (A) IN GENERAL.—Except as provided in 

14 subparagraph (C), the Commission shall enforce 

15 this Act in the same manner, by the same 

16 means, and with the same jurisdiction, powers, 

17 and duties as though all applicable terms and 

18 provisions of the Federal Trade Commission 

19 Act (15 U.S.C. 41 et seq.) were incorporated 

20 into and made a part of this Act. 

21 (B) PRIVILEGES AND IMMUNITIES.—Ex22 cept as provided in subparagraph (C), any per23 son who violates this Act shall be subject to the 

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1 munities provided in the Federal Trade Com2 mission Act (15 U.S.C. 41 et seq.). 

3 (C) NONPROFIT ORGANIZATIONS AND COM4 MON CARRIERS.—Notwithstanding section 4 or 

5 5(a)(2) of the Federal Trade Commission Act 

6 (15 U.S.C. 44, 45(a)(2)) or any jurisdictional 

7 limitation of the Commission, the Commission 

8 shall also enforce this Act, in the same manner 

9 provided in subparagraphs (A) and (B) of this 

10 paragraph, with respect to— 

11 (i) organizations not organized to 

12 carry on business for their own profit or 

13 that of their members; and 

14 (ii) common carriers subject to the 

15 Communications Act of 1934 (47 U.S.C. 

16 151 et seq.). 

17 (D) AUTHORITY PRESERVED.—Nothing in 

18 this Act shall be construed to limit the author19 ity of the Commission under any other provi20 sion of law. 

21 (E) RULEMAKING.—The Commission, with 

22 the concurrence of the Secretary acting through 

23 the Surgeon General, shall promulgate in ac24 cordance with section 553 of title 5, United 


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1 States Code, such rules as may be necessary to 

2 carry out this Act. 

3 (b) ENFORCEMENT BY STATES.— 

4 (1) AUTHORIZATION.—Subject to paragraph 

5 (3), in any case in which the attorney general of a 

6 State has reason to believe that an interest of the 

7 residents of the State has been or is threatened or 

8 adversely affected by the engagement of a social 

9 media platform in a practice that violates this Act, 

10 the attorney general of the State may, as parens 

11 patriae, bring a civil action against the social media 

12 platform on behalf of the residents of the State in 

13 an appropriate district court of the United States to 

14 obtain appropriate relief, including civil penalties in 

15 the amount determined under paragraph (2). 

16 (2) CIVIL PENALTIES.—A social media platform 

17 that is found, in an action brought under paragraph 

18 (1), to have knowingly or repeatedly violated this 

19 Act shall, in addition to any other penalty otherwise 

20 applicable to a violation of this Act, be liable for a 

21 civil penalty equal to the amount calculated by mul22 tiplying— 

23 (A) the greater of— 


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1 (i) the number of days during which 

2 the social media platform was not in com3 pliance with this Act; or 

4 (ii) the number of end users for whom 

5 the covered label was not displayed as a re6 sult of the violation; by 

7 (B) an amount not to exceed the maximum 

8 civil penalty for which a person, partnership, or 

9 corporation may be liable under section 

10 5(m)(1)(A) of the Federal Trade Commission 

11 Act (15 U.S.C. 45(m)(1)(A)) (including any ad12 justments for inflation). 

13 (3) RIGHTS OF THE COMMISSION.— 

14 (A) NOTICE TO THE COMMISSION.— 

15 (i) IN GENERAL.—Except as provided 

16 in clause (iii), the attorney general of a 

17 State shall notify the Commission in writ18 ing that the attorney general intends to 

19 bring a civil action under paragraph (1) 

20 before initiating the civil action. 

21 (ii) CONTENTS.—The notification re22 quired under clause (i) with respect to a 

23 civil action shall include a copy of the com24 plaint to be filed to initiate the civil action. 


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1 (iii) EXCEPTION.—If it is not feasible 

2 for the attorney general of a State to pro3 vide the notification required under clause 

4 (i) before initiating a civil action under 

5 paragraph (1), the attorney general shall 

6 notify the Commission immediately upon 

7 instituting the civil action. 

8 (B) INTERVENTION BY THE COMMIS9 SION.—The Commission may— 

10 (i) intervene in any civil action 

11 brought by the attorney general of a State 

12 under paragraph (1); and 

13 (ii) upon intervening— 

14 (I) be heard on all matters aris15 ing in the civil action; and 

16 (II) file petitions for appeal of a 

17 decision in the civil action. 

18 (4) INVESTIGATORY POWERS.—Nothing in this 

19 subsection may be construed to prevent the attorney 

20 general of a State from exercising the powers con21 ferred on the attorney general by the laws of the 

22 State to— 

23 (A) conduct investigations; 

24 (B) administer oaths or affirmations; or 


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1 (C) compel the attendance of witnesses or 

2 the production of documentary or other evi3 dence. 

4 (5) PREEMPTIVE ACTION BY THE COMMIS5 SION.—If the Commission institutes a civil action or 

6 an administrative action with respect to a violation 

7 of this Act, the attorney general of a State may not, 

8 during the pendency of such action, bring a civil ac9 tion under paragraph (1) against any defendant 

10 named in the complaint of the Commission based on 

11 the same set of facts giving rise to the alleged viola12 tion with respect to which the Commission instituted 

13 the action. 

14 (6) VENUE; SERVICE OF PROCESS.— 

15 (A) VENUE.—Any action brought under 

16 paragraph (1) may be brought in— 

17 (i) the district court of the United 

18 States that meets applicable requirements 

19 relating to venue under section 1391 of 

20 title 28, United States Code; or 

21 (ii) another court of competent juris22 diction. 

23 (B) SERVICE OF PROCESS.—In an action 

24 brought under paragraph (1), process may be 

25 served in any district in which the defendant— 


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1 (i) is an inhabitant; or 

2 (ii) may be found. 

3 (7) ACTIONS BY OTHER STATE OFFICIALS.— 

4 (A) IN GENERAL.—In addition to a civil 

5 action brought by an attorney general under 

6 paragraph (1), any other consumer protection 

7 officer of a State who is authorized by the State 

8 to do so may bring a civil action under para9 graph (1), subject to the same requirements 

10 and limitations that apply under this subsection 

11 to a civil action brought by an attorney general. 

12 (B) SAVINGS PROVISION.—Nothing in this 

13 subsection may be construed to prohibit an au14 thorized official of a State from initiating or 

15 continuing any proceeding in a court of the 

16 State for a violation of any civil or criminal law 

17 of the State. 

18 (c) EXTRATERRITORIAL JURISDICTION.—There is 

19 extraterritorial jurisdiction over any violation of this Act 

20 if such violation involves an individual in the United 

21 States or if any act in furtherance of the violation was 

22 committed in the United States. 


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1 SEC. 6. EFFECTIVE DATE. 

2 This Act shall take effect on the date that is 1 year 

3 after the date of enactment of this Act. 

Æ 


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